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(영문) 수원지방법원 2018.10.04 2018고단4499
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who driven a motor vehicle under the influence of alcohol on December 16, 2008 (the issuance of a summary order of KRW 2 million at the Suwon Friwon on April 10, 2009), who driven a motor vehicle under the influence of alcohol on June 20, 2016 (the issuance of a summary order of KRW 2.5 million at the Suwon Friwon Friwon on July 4, 2016), and violates Article 44(1) of the Road Traffic Act on at least two occasions.

On July 24, 2018, the Defendant driven a B-be truck with alcohol content of about 1k from approximately 0.143% while under the influence of alcohol at around 0.143%, from the 1k section around the Giri Park adjacent to the Giri Park, which is located in the return road at the time of emulation, to the front road of the Giridong High School.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Notification of a report on detection of a driver engaged in driving and the results of regulating drinking driving;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order) by Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment order is that the defendant, who had been able to drive a second alcohol not less than twice, has driven a second alcohol, and the nature of the crime is not less than that of the crime. The defendant, who was discovered by driving a second alcohol at around June, 2016, has not been subject to criticism in that he again driven a second alcohol since three years have not passed since he was found to have driven a second alcohol, and the numerical value of alcohol concentration in the blood due to the alcohol of this case is also lower.

However, the defendant recognized the crime of this case and divided his mistake, the defendant's drinking driving power in December 2008 passed 10 years from the date of the crime of this case, and there was no record of punishment for other crimes except the above two times driving power, and the age of the defendant, and the age of the defendant.

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